2015 QCCQ 12117, 2015 QCCQ 12117

Protection de la jeunesse — 153341 2015 QCCQ 12117 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000479-151 DATE: July 23, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […], 2010 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On December 3, 2014, the Court declares that the security and development of the child are in danger because she suffers from neglect and was submitted to physically ill-treatment. The undersigned then orders that the child be entrusted to a foster family and protection measures be applied until the end of April 2015. [ 2 ] Even though the situation required an extension of the measures, the Court was not seized with a petition for extension, before the previous order came to an end.

However, the child remains in foster care and immediate protective measures to that effect are applied in May. [ 3 ] The mother is not consistent in cooperating with services. She completes an addiction treatment in December 2014. Afterwards, she integrates another treatment centre in her community. Shortly after, she is injured in an accident. She leaves the centre in order to focus on her medical issues.

She takes prescribed medication and, unfortunately, she falls back into the addiction cycle. [ 4 ] The mother suffers from the absence of contacts with her daughter, as she is still submitted to a recognizance which prohibits them. She misses her daughter. She has contacts with her son, who is also entrusted to foster care, but some are cancelled because of her non-compliance with rules. [ 5 ] On one occasion, in May, the mother learns that both her children are visiting an aunt and she shows up there, unexpected. She spends some time with her children, until the on-call worker arrives and asks her to leave.

The child reacts well to the contact. [ 6 ] For several weeks prior to the hearing, the worker does not hear from the mother, after she fails to show up to a scheduled appointment. [ 7 ] Meanwhile, the child evolves positively in her foster family. She had to receive dental care, because she had nine cavities. She also wears glasses now. Obviously, she suffered from neglect with respect to her physical health. [ 8 ] The child still has nightmares, but not as often as when she lived with her mother. At times, she speaks negatively of her mother and is scared to return to her care.

[ 9 ] The father visits the child in January, April and May, for a few days. It was not disclosed to her yet that he is her father. In May, his last contact has to be cancelled because the father smells highly of alcohol. He wishes to be involved in his child’s life. [ 10 ] The child needs a secure a stable home environment, which neither parent can provide for the time being. [ 11 ] The petition is well founded and the recommended measures are appropriate, in the best interest of the child. WHEREFORE, THE COURT: [ 12 ] GRANTS the petition for protection; [ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] ORDERS that the child be entrusted to a foster family designated by the DYP until January 31, 2016; [ 15 ] ORDERS that visits with the parents take place upon agreement between the parties and be supervised by the DYP; [ 16 ] RECOMMENDS that the child benefit from a psychological evaluation and follow-up if deemed necessary; [ 17 ] RECOMMENDS that the parents continue to seek professional counselling and addiction services; [ 18 ] RECOMMENDS that the father complete a home assessment; [ 19 ] ORDERS the parents actively participate in the application of the ordered measures; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until January 31, 2016 ; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the child Me Alexis Deschênes for the mother Mr. B the father (absent) Date of hearing: July 7, 2015